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1991-01-14 CITY COUNCIL REGULAR MEETING MINUTESM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JANUARY 14, 1991, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor C. V. (Vic) Coppinger Mayor Pro Tem/Councilmember David Smith Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Randy Weber William Wolff D. A. Miller Richard Tetens James DeShazer Lester Rorick Pat Jones The invocation was given by Councilmember Richard Tetens who expressed the desire for a peaceful solution in the Persian Gulf. The Pledge of Allegiance was led by Councilmember Randy Weber. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of December 17, 1990, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed the week of January 20 - 26, 1991, as "Jaycee Week." Local Pearland Jaycees accepted the proclamation on behalf of their organization. COUNCIL ACTIVITY REPORTS Councilmember Miller reported he addressed the League of Women Voters on January 3, speaking on the topic of hazardous wastes and materials within the City. Mr. Miller also attended the Park's Board monthly meeting of January 12th. In closing, Mr. Miller reported he was a guest speaker at the monthly meeting of the local Veterans of Foreign Wars organization held on January 13th which had in attendance approx- imately forty patient -guests from the Veteran's Hospital in Houston. Councilmember Smith reported his attendance of the Clear Creek Water- shed Committee on January 9 and related the progress of that commit- tee. Mr. Smith stated he felt the velocity of Mary's Creek had been increased by approximately 30% and commended Brazoria County Drainage District No. 4 for its work in this area. Councilmember Smith report- ed the annual fundraiser for the Emergency Medical Service will be sometime in March and related budgetary funds have been allocated for a new ambulance this year with hopes to bid this vehicle soon as there have been recent occasions where all three emergency vehicles have been in use at the same time. �.. In his report, Councilmember Weber stated he had the opportunity to view parts of Corrigan South and Willowcrest Subdivisions during the recent heavy rains and was pleased to see City crews covering these areas, making sure the drains were clear. He attended a recent Senior Citizen's luncheon and related, in closing, that he will be attending the Legislative Briefing in Austin on February 4th with City Manager DeShazer and has invited Representative Jack Harris and Senator Buster 47 Brown to attend also. Councilmember Wolff reminded the citizens again that he is available on the second Saturday of the month from noon to 4:00 P. M. at City Hall to discuss any areas of concern. Mr. Wolff also expressed the desire that the City be aware of those City employees or relatives of City employees as well as others in the community who are serving in the crisis in Saudi Arabia. Mayor Coppinger asked the Council to keep in mind any special consid- erations the City should take in the event of war. DEPARTMENTAL REPORTS City Manager Jim DeShazer reported there had been some calls from citizens regarding the conflict in the Middle East. Mr. DeShazer called attention to a letter from the A.T. & S.F. Railroad in which they relate they will be doing some repair work in the area which might cause minor inconvenience during this three-phase operation which will commence April 1 with a hoped for completion date of May 24. City Manager DeShazer related he had received the sales tax report today and we are $5,900.00 over last year. Mr. DeShazer re- ported we had little interruption in City services during the freeze over the holidays and commended City crews for their time and efforts in sanding the bridges and other related activities. In closing, City Manager DeShazer reported there will be a Transportation Meeting in Angleton on January 15 addressing roads in Brazoria County and stated he, too, had contacted Jack Harris' and Buster Brown's offices with regard to their attendance at the TML Legislative Briefing in Austin on February 4th. Mayor Coppinger called a Workshop meeting for Tuesday, January 22, 1991. Mayor Coppinger read a note from former City Secretary Kay Krouse, thanking the Mayor and Council for the reception held in her honor upon her recent retirement from the City. r-- CITIZENS 1. Ms. Dee Jordan, ActionS, Inc. Ms. Dee Jordan, along with Ms. Jessie Palmer, inquired of the Council if they might look forward to their new Senior Citizens' facility this year. Mayor Coppinger asked permission of the Council to assure these citi- zens the Council hopes to cover this item, as well as other projects requiring capital funding, in its upcoming workshop. The Council and City Manager DeShazer discussed McLean Park financing, Council expenditures for street improvements, and funding for the Melvin Knapp expansion. 2. Mr. Glenn Lilie, 2612 Green Tee. Mr. Lilie, Chairman of the Chamber of Commerce, spoke encouraging the City, the School District and the Chamber to work more closely in the 90's for the good of the whole community. Mayor Coppinger called upon Billye Arcemant of the Chamber and read a letter he had received from a coming visitor to our area. Ms. Arce- mant assured the Mayor she would take care of this letter, which is similar to many they receive each month, inquiring of facilities in our area. DOCKETED PUBLIC HEARINGS - NONE UNFINISHED BUSINESS - NONE NEW BUSINESS ORDINANCE NO. 264-1, ORDINANCE AMENDING ORDINANCE NO. 264, FOR THE PURPOSE OF ESTABLISHING A 55 MPH SPEED ZONE ALONG STATE HIGHWAY 35 (S. MAIN) AND PROVIDING A PENALTY FOR VIOLATION THEREOF 48 City Manager DeShazer explained Ordinance No. 264 currently allows portion of State Highway 35 near the south city limit line to have r speed limit of 60 mph. This amendment to the ordinance is to bring it in compliance with State law requiring a speed limit of 55 mph. Ordinance No. 264-1 was read in caption by Councilmember Weber. (First Reading) It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 264-1 be passed and approved on first reading. Said Ordinance No. 264-1 reads in caption as follows: ORDINANCE NO. 264-1 AN ORDINANCE AMENDING ORDINANCE NO. 264 FOR THE PURPOSE -~ OF ESTABLISHING A 55 M.P.H. SPEED ZONE ALONG SH 35 (SOUTH MAIN STREET) FROM A POINT 132 FEET SOUTH OF THIRD STREET TO THE SOUTH CITY LIMITS, A DISTANCE OF APPROXIMATELY 1.523 MILES; PROVIDING FOR A PENALTY, AND PUBLICATION; CONTAINING A SAVINGS CLAUSE AND A REPEAL- ER. In Council discussion, the possibility of having an even lower speed limit was considered in anticipation of the opening of the new high school in August; however, City Manager DeShazer advised this would fall under the jurisdiction of the State Highway Department. MEETING RECESSED AT 8:20 P. M.(due to failure of recording device) MEETING RECONVENED AT 8:30 P. M. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R91-1, RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE City Manager DeShazer explained this is our long standing annual agreement with the City of Friendswood whereby the two cities provide water and sewer service to Longwood and Village Green Subdivisions. Resolution No. R91-1 was read in caption by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Resolution No. R91-1 be passed on its first and only reading. Said Resolution No. R91-1 reads in caption as follows: RESOLUTION NO. R91-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CON- TRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 450-7, ORDINANCE AMENDING CIVIL SERVICE ORDINANCE, ESTABLISHING CLASSIFICATIONS FOR ALL POLICEMEN AND ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION Police Chief Mike Hogg explained this ordinance provides for a re- organization and restructuring of the Police Department to accommodate some changes the City Manager requested in his recent reorganizatio49 of City Staff and to provide for a reorganization of the department's classified personnel. This proposed change in the classified person- nel will achieve clearer lines of communication and administrative authority as well as responsibility and accountability for the super- visors within the department, giving them direction. This proposed change will also give the Chief a closer knowledge of the street activities. One of the two captain's positions is proposed to be eliminated, keeping Jay Chapman as a captain and creating a new posi- tion of another lieutenant. At the request of the Mayor, Chief Hogg also commented on Resolution No. R91-2 the next item on the agenda and a companion document neces- sary to effect these requested changes within the Police Department. Chief Hogg stated he had recently met with the Civil Service commis- sion which gave its concurrence to these changes. Resolution No. R91- 2 allows, under the Local Government Code, the Police Chief to appoint the, position of captain. The Council discussed exemptions from Civil Service in appointed positions and Chief Hogg related he had discussed this with the City Attorney. There followed a lengthy discussion of the provisions of Civil Service law. Councilmember Wolff requested that a letter be provided from the Civil Service Commission to the City Secretary stating its concurrence with this action. Ordinance No. 450-7 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Te - tens, that Ordinance No. 450-7 be passed and approved on the first of two readings. Said Ordinance No. 450-7 reads in caption as follows: ORDINANCE NO. 450-7 AN ORDINANCE AMENDING ORDINANCE NO. 450-6 OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING CLASSIFICATIONS FOR ALL POLICEMEN, ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING GROSS MONTHLY PAY SCHEDULES FOR EACH CLASSIFICATION, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS, PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. *RESOLUTION NO. R91-2, RESOLUTION AUTHORIZING THE CREATION OF ONE APPOINTED POSITION OF CAPTAIN Resolution No. R91-2 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Te - tens, that R91-2 be passed and approved on its first and only reading. Said Resolution No. R91-2 reads in caption as follows: RESOLUTION NO. R91-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE CREATION OF ONE (1) AP- POINTED POSITION OF CAPTAIN, AUTHORIZING THE CHIEF OF POLICE TO APPOINT ONE (1) PERSON TO SUCH POSITION AND PROVIDING AN EFFECTIVE DATE. 50 Voting "Aye11Councilmozber Sstith Weber, Wolff,Mi13er' and Tetens. Voting ''No" -None Motion passad ., ,5 t6,0. *(Please see amendment to Resolution R91-2 in Minutes of this meeting after return from Executive Session.) EXCUSED ABSENCE FOR COUNCII&MWER RICHARD TETENS FROM REGULAR;MEETING OF DECEMBER 17, 1990 It was moved by Councilmember Smith, seconded by Councilmember Weber, that Councilmember Tetens be excused from the Regular Meeting teld on December 17, 1990. Motion passed 4 to 0, with Councilmember Tetens abstaining. APPROVAL OF EMPLOYEE GROUP INSURANCE PROPOSAL AS RECOMMENDED, !K .Cox" MITTEE City Manager DeShazer recalled the December 17, 1990, Council meeting wherein proposals were;>pros anted by four insurance groups and his instruction from the. Council to present a recommendation at a future meeting. A committee comprised of Jim Hodges, Jose Gue1,, Mary. Hick - ling and the City Manager met with the respective companies aqa and it is the consensus of the committee to recommend coverage provi,ded'iy Blue Cross Blue Shield Plan Option No,_ 3. Mr. De5hazer explained the various changes in the plan among which will be a 70/3Q eoverage as opposed to 80/20 offered last year. These - modifications result in an approximate 23% increase in costs or A. $88.15 increase over 1990's policy for an employee and his/her-dep-A ants. Other increases and/or decreases in benefits. were .di.scussed for this proposed one year contract. It was moved by Councilmember Weber, seconded by Cduncilmember Tetens, that the City Manager be authorized'to execute a contract with Blue Cross Blue Shield to provide employee group insurance for the year 1991. Motion passed 5 to 0. Councilmember Wolff suggested the possibility that the term of this policy be brought to coincide with the City's budget year process of October 1. In discussion, Blue Cross representative Joe Martin ex- plained the insurance company's calendar year for a deductible is ideally January 1 but offered the hope that more accurate projections could be made should there be an expected increase in the cost of benefits for the coming policy year. ORDINANCE NO. 509-A-2, ORDINANCE AMENDING ORDINANCE NO. 509, THE SIGN ORDINANCE, AND PROVIDING A PENALTY FOR VIOLATION THEREOF City Manager Jim De5hazer explained he had met with the Planning and Zoning Commission at their meeting of January 8, 1991, and read the following letter into the records: January 10, 1991 Honorable Mayor and City Council City Hall Pearland, Texas Dear Members: At their meeting held on January 8, 1991, the Planning and Zoning Commission considered the four changes proposed by the City Council to the amendments to the Sign Ordinance. The Commission discussed each change with City Manager Jim DeShaz r 1 and the following recommendation was made in the form of a motion by Benny Frank and was seconded by Mary Starr: 1) Section 1 ( 9 ) the definition of a sign as proposed by the Council was recommended for approval; 2) Section 22-17 (3) "with a length to width ratio of 3:1" was recommended for approval as "with a length to width ratio not to exceed 3:1" to avoid possible future misunderstand- ings in the way the ordinance is interpreted; 3) under Special Provi- sions, which allows the Zoning Board of Adjustment to grant additional off -premise directional signs, the phrase "or as amended" is recom- mended to be added at the end of the sentence which would allow the Comprehensive Development Plan to be amended without having to amend the sign ordinance also; 4 ) Section 3, addressing the fine - the Planning and Zoning Commission can not impose fines. However, the members did express concerns about the wording of this ordinance. The "Sign Ordinance" is actually Section 22 of the Land Use and Urban Development Ordinance (Ord. No. 509) of the City. Section 29.6 of Ord. No. 509 contains a "Penalty Clause" which states a fine for violating this ordinance which can be levied in an amount NOT TO EXCEED $1,000.00 per occurrence per day. The Commission expressed concerns regarding the legality of placing two fines in an ordinance of this nature. The Commission recommends that the penalty clause be restated and/or eliminated to track Section 29.6; and 5) all other previous recommendations be incorporated into the revised Sign Ordi- nance. This motion passed 5 to 0. This is submitted for your consideration. Sincerely yours, /s/ Al Lentz, Chairman, Planning & Zoning AL: pj Councilmember Wolff reminded the Council of the long history in at- tempting to amend the sign ordinance and expressed his opinion that the interests of the City would best be served if the City Attorney were instructed to prepare a separate ordinance addressing signs which was not tied in any way to Ordinance No. 509, the Land Use and Urban Development Ordinance. Ordinance No. 509-A-2 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 509-A-2 be passed and approved on the first of two readings. Said Ordinance No. 509-A-2 reads in caption as follows: ORDINANCE NO. 509-A-2 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE ZONING ORDINANCE OF CITY OF PEARLAND AND ORDINANCE NO. 509-A, BY DEFINING AND REDEFINING THE TERM "SIGN"; BY AMENDING SECTION 22, SIGNS, AT SECTION 22-1, SIGNS REQUIRING PERMITS, SUBSECTIONS (4)(g) AND (4)(n); BY AMENDING SECTION 22-3, MEASUREMENTS; BY AMENDING SECTION 22-4, HEIGHT RESTRICTIONS, SUBSECTION (1); BY AMENDING SEC- TION 22-7, PORTABLE SIGNS; BY AMENDING SECTION 22-11, PROHIBITED SIGNS, ADVERTISING, LIGHTING, SUBSECTION (7); BY AMENDING SECTION 22-16, SIGN REGISTRATION; BY AMENDING SECTION 22-17, BUILDER/SUBDIVISION SIGNS; BY AMENDING TABLE VII OF SECTION 4 WITH RESPECT TO ZONING DISTRICTS NS, GB, C, M-1, M-2; BY AMENDING THE SPECIAL PROVISIONS; PROVIDING A PENALTY FOR VIOLATION; CONTAIN- ING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR PUBLICATION. 52 It was moved by Councilmember Wolff that the City Attorney be author- ized to withdraw the sign stipulations from Ordinance No. 509 and that this be passed as a separate ordinance. Councilmember Miller seconded this motion. A lengthy discussion followed concerning enforcement, the penalty for violation, working with the business community and separation of the section relating to Signs from the Zoning Ordinance (Ord. No. 509) itself. The City Attorney was instructed to report back to Council with his findings on the legality of this and Councilmember Wolff withdrew his motion. Upon Councilmember WolfffIs call for the question on the original motion to pass Ordinance No. 509-A-2 on its first of two readings, the Council voted as follows: Voting "Aye" - Councilmembers Wolff, Smith and Tetens. Voting "No" - Councilmembers Weber and Miller. Motion passed on first reading 3 to 2. It was the consensus of the Council that this Ordinance be held in abeyance and not placed on the next Council agenda for second reading until the City Attorney has made his determination. APPOINTMENT OF MEMBERS TO THE 1991 CHARTER REVIEW COMMISSION Mayor Coppinger advised this item would be passed to a future agenda. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF PAT JONES AS CITY SECRE- TARY It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City Manager's appointment of Pat Jones as City Secretary be ratified. Motion passed 5 to 0. Mayor Coppinger administered the Oath of Office to Mrs. Jones before going into Executive Session. -- RESOLUTION NO. R91-3, RESOLUTION ADOPTING AND APPROVING A PLAN OF ORGANIZATION AND REORGANIZATION OF THE VARIOUS DEPARTMENTS OF CITY , GOVERNMENT City Manager DeShazer noted the City Charter requires certain depart- ments within the operation of the City and explained he felt the accompanying organizational chart could best serve the needs of our City government. In Council discussion, it was pointed out that the structural chart shows two captains' positions in the Police Department and City Manag- er DeShazer informed that at the time the chart was compiled Resolu- tion R91-2 had not been passed but he would have the chart amended to reflect the requirements of R91-2 which was passed tonight. Resolution No. R91-3 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Resolution No. R91-3 be passed on its first and only reading. Said Resolution No. R91-3 reads in caption as follows: RESOLUTION NO. R91-3 I_„ A RESOLUTION ADOPTING AND APPROVING A PLAN OF ORGANIZA- TION AND REORGANIZATION OF THE VARIOUS DEPARTMENTS OF CITY GOVERNMENT, CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Wolff, Weber, Tetens, Smith and Miller 53. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 605, AN ORDINANCE ALLOWING CERTAIN EMPLOYEES WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM TO REINVEST IN THE SYSTEM City Manager Jim DeShazer explained this ordinance would allow approx- imately eight employees within the City, who for various reasons have r been out of the retirement system, the opportunity to buy back into the system with a penalty to be paid by the employee. The Council expressed concerns regarding the disbursement of funds within the member cities, amount of penalty levied and costs to the City. City Manager DeShazer informed a similar ordinance had been passed by the City of Pearland in 1983. Ordinance No. 605 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Ordinance No. 605 be passed and approved on the first of two readings. Said Ordinance No. 605 reads in caption as follows: ORDINANCE NO. 605 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOY- EE OF THIS CITY. In further discussion, the Council had concerns about the costs to the City and asked that a dollar figure be presented to Council before the passage of this ordinance. Mayor Coppinger asked that passage of this ordinance on first reading be deferred to a future meeting. The maker and the seconder of the motion withdrew the motion. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:40 P. M. UNDER TEXAS RE- VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the topics to be discussed in Executive Session this evening. MEETING RETURNED TO OPEN SESSION AT 10:27 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION. Mayor Coppinger read the following items which were discussed in Executive Session and sign a certification to that effect: UNDER SUBSECTION (f) ACQUISITION OF REAL PROPERTY - A discussion was held concerning the acquisition of right-of-way. UNDER SUBSECTION (g) PERSONNEL - Discussions were held concerning the following appointments: 1) One member to the Planning and Zoning Commission, 2) Members of the 1991 Charter Review Commission, and 3) Election Judges for the May 4, 1991, City Officers' Election. 54 Upon the advice of City Attorney Lester Rorick, the Council was recon- vened and the following action was taken: City Attorney advised that Ordinance 450-7 was passed this evening on first reading. Its companion document, Resolution No. R91-2, under provisions of Section Two, states it shall be effective immediately upon passage. The consequence of this action, the City Attorney advised, is the abolishment of one captain's position before the crea- tion of another lieutenant's position. City Attorney Rorick asked Mayor Coppinger to solicit the vote of the Council to suspend the rules of order and reconsider Resolution R91-2 with Section Two being amended to read: "This Resolution shall be effective immediately upon final passage of Ordinance No. 450-7." It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Resolution No. R91-2 be passed and approved to have a concurrent -� effective date with Ordinance No. 450-7 as suggested by the City Attorney. Said Resolution No. R91-2 reads in its entirety: RESOLUTION NO. R91-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE CREATION OF ONE (1) AP- POINTED POSITION OF CAPTAIN, AUTHORIZING THE CHIEF OF POLICE TO APPOINT ONE (1) PERSON TO SUCH POSITION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Vernon's Annotated Civil Statutes, Local Government Code Section 2143.014, provides that a City Council may by resolution or ordinance allow the Police Chief to appoint persons in a classifica- tion immediately below that of Police Chief; and WHEREAS, there are four (4) such classifications below Police Chief; and WHEREAS, the City Council is of the opinion that the creation of one (1) appointed Captain is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION ONE. The Chief of Police is hereby authorized to appoint one (1) Captain which is the classification immediately below that of Chief of Police. SECTION TWO. This Resolution shall be effective immediately upon final passage of Ordinance No. 450-7. PASSED, APPROVED and ADOPTED this day of A. D., 1991. Attest: Pat Jones, City Secretary Approved as to Form: Lester Rorick, City Attorney C. V. Coppinger, Mayor Voting "Aye" - Councilmembers Smith, Weber, Wolff, Miller and Tetens 55. Voting "No" - None Motion passed 5 to 0. AWOURN The meeting adjourned at 10:30 P. M. M' Utes approved as submitted and/or corrected this p?— dop day of A. D., 1991. Mayor ATTEST: City Secreta